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Retracting sick pay?

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isis297

Member
We are in NY.

We have an employee missed 3 days of work because he was sick. He was paid for those three sick days last Friday with the understanding that he would provide a doctor's note. He has not. And he knows that a doctor's note is required for that many days out.

Can we retract the sick days paid on this week's paycheck?
 


xylene

Senior Member
Do you doubt he was sick or is this some kind of procedural concern?

Bluntly: do you think he was malingering or you want to get out of paying on a technicality he can't do anything about without a time machine?
 

HRZ

Senior Member
Caution , you cannot just dock wages wo his prior written consent .

IF you think he was malingering you need to consider other discipline , as others post.
 

PayrollHRGuy

Senior Member
One method of discipline you could use is a 3 day unpaid suspension. Same pay outcome as if your deducted the sick pay. This is assuming that his further absence won't cost you even more.
 

isis297

Member
We didn't question it until he just stopped showing up for work mid week last week. We were worried about him and tried reaching out to him to no avail. We went as far as to call the police to have a wellness check done on him because we were worried. He was found in good health and told to call his employer and let us know that he was okay. He never called. I'm trying to work out his final paycheck.
 

xylene

Senior Member
Well... you have already paid the time and a fired employee isn't going to agree to a haircut, so you are stuck paying for the remaining wages it seems.
 

Zigner

Senior Member, Non-Attorney
We didn't question it until he just stopped showing up for work mid week last week. We were worried about him and tried reaching out to him to no avail. We went as far as to call the police to have a wellness check done on him because we were worried. He was found in good health and told to call his employer and let us know that he was okay. He never called. I'm trying to work out his final paycheck.
You cannot make a deduction without his written approval.
Honestly, I'd just pay the 3 days and be done with it.
 

Zigner

Senior Member, Non-Attorney
Well... you have already paid the time and a fired employee isn't going to agree to a haircut, so you are stuck paying for the remaining wages it seems.
The employer does have the option of suing the former employee, but this poster has a very weak case, at best (in my opinion).
 
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